Jwalit Sheth 15 August 2020

Resignation-what if employer doesn't accept your resgination

Respected Learned Members,

I have dropped my resignation mail through email from my personal id to my reporting manager on 13th August,2020. As per company policy the notice period is of 30 days but I am serving more than 30 days of notice period keeping in the work load and exigency of the work. My HR hasn't responded yet on the same.

My resignation letter is as under:

Dear Manager,

I am writing to provide you with my formal notice of resignation from the company. My last day with the organisation will be September 30th,2020.

This was not an easy decision to make but after long hours of consideration, my decision is final. I appreciate your and Management's support over my employment at the company. I truly value the experience, training and knowledge I gained over the past one year. It has been a pleasure working with you and the team.

I wish you all the best as company continues to grow.

Thank you and Regards.

If I don't receive any acceptance on my resignation, can i assume the same is deemed to be accepted?

If my employer ask me to further extend it and if i deny can there be any legal consequences?

Kindly assist.

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3 Replies

aakash bhatia 16 August 2020

Dear Sir,

I understand your concern as many of the employees are facing such kind of disputes between the parties because of the lockdown situation. In order to seek relief its important to understand the nature of work, prima facie which means that whether you would be considered as a "workmen" as per the Industrial Disputes Act, 1947. If Yes, then you can seek relief under the provisions of said act, if not then the whole process would be governed by the terms & conditions of the Employment Agreement. For both the cases the employment agreement would be of great significance.

However in your situation I would suggest you to seek confirmation by contacting the immediate and higher management authority for acknowledgement and confirmation. in case of any dispute its better for both parties to sit together and discuss, as things settled amicably is of best interest between the parties and litigation should be the last method of Dispute Resolution between the parties. In case if you want further assistance in the matter i have mentioned my contact details below.

Thanks and Regards

Aakash Bhatia

bhatiaaakaash950@gmail.com

Jwalit Sheth 16 August 2020

Thank you sir for your reply. My employment contract mentions 30 days of notice period.

aakash bhatia 16 August 2020

sir in your situation it would be assumed that it has been accepted as its out of your mailbox. However i would strongly suggest you to verify the acknowledgement from concerned HR department